10 U.S. Code § 118 - Quadrennial defense review

(a) Review Required.— The Secretary of Defense shall every four years, during a year following a year evenly divisible by four, conduct a comprehensive examination (to be known as a “quadrennial defense review”) of the national defense strategy, force structure, force modernization plans, infrastructure, budget plan, and other elements of the defense program and policies of the United States with a view toward determining and expressing the defense strategy of the United States and establishing a defense program for the next 20 years. Each such quadrennial defense review shall be conducted in consultation with the Chairman of the Joint Chiefs of Staff.

(b) Conduct of Review.— Each quadrennial defense review shall be conducted so as—

(1)to delineate a national defense strategy consistent with the most recent National Security Strategy prescribed by the President pursuant to section 108 of the National Security Act of 1947 (50 U.S.C. 3043);

(2)to define sufficient force structure, force modernization plans, infrastructure, budget plan, and other elements of the defense program of the United States associated with that national defense strategy that would be required to execute successfully the full range of missions called for in that national defense strategy;

(3)to identify

(A) the budget plan that would be required to provide sufficient resources to execute successfully the full range of missions called for in that national defense strategy at a low-to-moderate level of risk, and

(B) any additional resources (beyond those programmed in the current future-years defense program) required to achieve such a level of risk; and

(4)to make recommendations that are not constrained to comply with and are fully independent of the budget submitted to Congress by the President pursuant to section
1105 of title
31.

(c) Assessment of Risk.— The assessment of risk for the purposes of subsection (b) shall be undertaken by the Secretary of Defense in consultation with the Chairman of the Joint Chiefs of Staff. That assessment shall define the nature and magnitude of the political, strategic, and military risks associated with executing the missions called for under the national defense strategy.

(d) Submission of QDR to Congressional Committees.— The Secretary shall submit a report on each quadrennial defense review to the Committees on Armed Services of the Senate and the House of Representatives. The report shall be submitted in the year following the year in which the review is conducted, but not later than the date on which the President submits the budget for the next fiscal year to Congress under section
1105(a) of title
31. The report shall include the following:

(1)The results of the review, including a comprehensive discussion of the national defense strategy of the United States, the strategic planning guidance, and the force structure best suited to implement that strategy at a low-to-moderate level of risk.

(2)The assumed or defined national security interests of the United States that inform the national defense strategy defined in the review.

(3)The threats to the assumed or defined national security interests of the United States that were examined for the purposes of the review and the scenarios developed in the examination of those threats.

(4)The assumptions used in the review, including assumptions relating to—

(A)the status of readiness of United States forces;

(B)the cooperation of allies, mission-sharing and additional benefits to and burdens on United States forces resulting from coalition operations;

(C)warning times;

(D)levels of engagement in operations other than war and smaller-scale contingencies and withdrawal from such operations and contingencies;

(E)the intensity, duration, and military and political end-states of conflicts and smaller-scale contingencies; and

(F)the roles and responsibilities that would be discharged by contractors.

(5)The effect on the force structure and on readiness for high-intensity combat of preparations for and participation in operations other than war and smaller-scale contingencies.

(6)The manpower, sustainment, and contractor support policies required under the national defense strategy to support engagement in conflicts lasting longer than 120 days.

(7)The anticipated roles and missions of the reserve components in the national defense strategy and the strength, capabilities, and equipment necessary to assure that the reserve components can capably discharge those roles and missions.

(8)The appropriate ratio of combat forces to support forces (commonly referred to as the “tooth-to-tail” ratio) under the national defense strategy, including, in particular, the appropriate number and size of headquarters units and Defense Agencies, and the scope of contractor support, for that purpose.

(9)The specific capabilities, including the general number and type of specific military platforms, needed to achieve the strategic and warfighting objectives identified in the review.

(10)The strategic and tactical air-lift, sea-lift, and ground transportation capabilities required to support the national defense strategy.

(11)The forward presence, pre-positioning, and other anticipatory deployments necessary under the national defense strategy for conflict deterrence and adequate military response to anticipated conflicts.

(12)The extent to which resources must be shifted among two or more theaters under the national defense strategy in the event of conflict in such theaters.

(13)The advisability of revisions to the Unified Command Plan as a result of the national defense strategy.

(14)The effect on force structure of the use by the armed forces of technologies anticipated to be available for the ensuing 20 years.

(15)The national defense mission of the Coast Guard.

(16)The homeland defense and support to civil authority missions of the active and reserve components, including the organization and capabilities required for the active and reserve components to discharge each such mission.

(17)Any other matter the Secretary considers appropriate.

(e) CJCS Review.—

(1)Upon the completion of each review under subsection (a), the Chairman of the Joint Chiefs of Staff shall prepare and submit to the Secretary of Defense the Chairman’s assessment of the review, including the Chairman’s assessment of risk and a description of the capabilities needed to address such risk.

(2)The Chairman’s assessment shall be submitted to the Secretary in time for the inclusion of the assessment in the report. The Secretary shall include the Chairman’s assessment, together with the Secretary’s comments, in the report in its entirety.

(f) National Defense Panel.—

(1) Establishment.— Not later than February 1 of a year in which a quadrennial defense review is conducted under this section, there shall be established an independent panel to be known as the National Defense Panel (in this subsection referred to as the “Panel”). The Panel shall have the duties set forth in this subsection.

(2) Membership.— The Panel shall be composed of ten members from private civilian life who are recognized experts in matters relating to the national security of the United States. Eight of the members shall be appointed as follows:

(A)Two by the chairman of the Committee on Armed Services of the House of Representatives.

(B)Two by the chairman of the Committee on Armed Services of the Senate.

(C)Two by the ranking member of the Committee on Armed Services of the House of Representatives.

(D)Two by the ranking member of the Committee on Armed Services of the Senate.

(3) Co-chairs of the panel.— In addition to the members appointed under paragraph (2), the Secretary of Defense shall appoint two members from private civilian life to serve as co-chairs of the panel.

(4) Period of appointment; vacancies.— Members shall be appointed for the life of the Panel. Any vacancy in the Panel shall be filled in the same manner as the original appointment.

(5) Duties.— The Panel shall have the following duties with respect to a quadrennial defense review:

(A)While the review is being conducted, the Panel shall review the updates from the Secretary of Defense required under paragraph (8) on the conduct of the review.

(B)The Panel shall—

(i)review the Secretary of Defense’s terms of reference and any other materials providing the basis for, or substantial inputs to, the work of the Department of Defense on the quadrennial defense review;

(ii)conduct an assessment of the assumptions, strategy, findings, and risks of the report on the quadrennial defense review required in subsection (d), with particular attention paid to the risks described in that report;

(iii)conduct an independent assessment of a variety of possible force structures of the armed forces, including the force structure identified in the report on the quadrennial defense review required in subsection (d);

(iv)review the resource requirements identified pursuant to subsection (b)(3) and, to the extent practicable, make a general comparison to the resource requirements to support the forces contemplated under the force structures assessed under this subparagraph; and

(v)provide to Congress and the Secretary of Defense, through the report under paragraph (7), any recommendations it considers appropriate for their consideration.

(6) First meeting.— If the Secretary of Defense has not made the Secretary’s appointments to the Panel under paragraph (3) by February 1 of a year in which a quadrennial defense review is conducted under this section, the Panel shall convene for its first meeting with the remaining members.

(7) Report.— Not later than 3 months after the date on which the report on a quadrennial defense review is submitted under subsection (d) to the congressional committees named in that subsection, the Panel established under paragraph (1) shall submit to those committees an assessment of the quadrennial defense review, including a description of the items addressed under paragraph (5) with respect to that quadrennial defense review.

(8) Updates from secretary of defense.— The Secretary of Defense shall ensure that periodically, but not less often than every 60 days, or at the request of the co-chairs, the Department of Defense briefs the Panel on the progress of the conduct of a quadrennial defense review under subsection (a).

(9) Administrative provisions.—

(A)The Panel may request directly from the Department of Defense and any of its components such information as the Panel considers necessary to carry out its duties under this subsection. The head of the department or agency concerned shall cooperate with the Panel to ensure that information requested by the Panel under this paragraph is promptly provided to the maximum extent practical.

(B)Upon the request of the co-chairs, the Secretary of Defense shall make available to the Panel the services of any federally funded research and development center that is covered by a sponsoring agreement of the Department of Defense.

(C)The Panel shall have the authorities provided in section
3161 of title
5 and shall be subject to the conditions set forth in such section.

(D)Funds for activities of the Panel shall be provided from amounts available to the Department of Defense.

(10) Termination.— The Panel for a quadrennial defense review shall terminate 45 days after the date on which the Panel submits its final report on the quadrennial defense review under paragraph (7).

(h) Relationship to Budget.— Nothing in this section shall be construed to affect section
1105(a) of title
31.

(i) Interagency Overseas Basing Report.—

(1)Not later than 90 days after submitting a report on a quadrennial defense review under subsection (d), the Secretary of Defense shall submit to the congressional defense committees a report detailing how the results of the assessment conducted as part of such review will impact—

(A)the status of overseas base closure and realignment actions undertaken as part of a global defense posture realignment strategy; and

(B)the status of development and execution of comprehensive master plans for overseas military main operating bases, forward operating sites, and cooperative security locations of the global defense posture of the United States.

(2)A report under paragraph (1) shall include any recommendations for additional closures or realignments of military installations outside of the United States and any comments resulting from an interagency review of these plans that includes the Department of State and other relevant Federal departments and agencies.

(1) Review required.—Every four years, during a year following a year evenly divisible by four, the Secretary of Defense shall conduct a comprehensive examination (to be known as a “Defense Strategy Review”) of the national defense strategy, force structure, modernization plans, posture, infrastructure, budget plan, and other elements of the defense program and policies of the United States with a view toward determining and expressing the defense strategy of the United States and establishing a defense program. Each such Defense Strategy Review shall be conducted in consultation with the Chairman of the Joint Chiefs of Staff.

(2) Conduct of review.—Each Defense Strategy Review shall be conducted so as to—

(A) delineate a national defense strategy in support of the most recent National Security Strategy prescribed by the President pursuant to section 108 of the National Security Act of 1947 (50 U.S.C. 3043);

(B) provide a mechanism for—

(i) setting priorities for sizing and shaping the force, guiding the development and sustainment of capabilities, allocating resources, and adjusting the organization of the Department of Defense to respond to changes in the strategic environment;
(ii) monitoring, assessing, and holding accountable agencies within the Department of Defense for the development of policies and programs that support the national defense strategy;
(iii) integrating and supporting other national and related interagency security policies and strategies with other Department of Defense guidance, plans, and activities; and
(iv) communicating such national defense strategy to Congress, relevant United States Government agencies, allies and international partners, and the private sector;

(C) consider three general timeframes of the near-term (associated with the future-years defense program), mid-term (10 to 15 years), and far-term (20 years);

(D) address the security environment, threats, trends, opportunities, and challenges, and define the nature and magnitude of the strategic and military risks associated with executing the national defense strategy by using the most recent net assessment submitted by the Secretary of Defense under section
113 of this title, the risk assessment submitted by Chairman of the Joint Chiefs of Staff under section
153 of this title, and, as determined necessary or useful by the Secretary, any other Department of Defense, Government, or non-government strategic or intelligence estimate, assessment, study, or review;

(E) define the force size and structure, capabilities, modernization plans, posture, infrastructure, readiness, organization, and other elements of the defense program of the Department of Defense that would be required to execute missions called for in such national defense strategy;

(F) to the extent practical, estimate the budget plan sufficient to execute the missions called for in such national defense strategy;

(G) define the nature and magnitude of the strategic and military risks associated with executing such national defense strategy; and

(H) understand the relationships and tradeoffs between missions, risks, and resources.

(3) Submission of report on defense strategy review to congressional committees.—The Secretary shall submit a report on each Defense Strategy Review to the Committees on Armed Services of the Senate and the House of Representatives. Each such report shall be submitted by not later than March 1 of the year following the year in which the review is conducted. If the year in which the review is conducted is in the second term of a President, the Secretary may submit an update to the Defense Strategy Review report submitted during the first term of that President.

(4) Elements.—The report required by paragraph (3) shall provide a comprehensive discussion of the Review, including each of the following:

(A) The national defense strategy of the United States.

(B) The assumed or defined prioritized national security interests of the United States that inform the national defense strategy defined in the Review.

(C) The assumed strategic environment, including the threats, developments, trends, opportunities, and challenges that affect the assumed or defined national security interests of the United States.

(D) The assumed steady state activities, crisis and conflict scenarios, military end states, and force planning construct examined in the review.

(E) The prioritized missions of the armed forces under the strategy and a discussion of the roles and missions of the components of the armed forces to carry out those missions.

(F) The assumed roles and capabilities provided by other United States Government agencies and by allies and international partners.

(G) The force size and structure, capabilities, posture, infrastructure, readiness, organization, and other elements of the defense program that would be required to execute the missions called for in the strategy.

(H) An assessment of the significant gaps and shortfalls between the force size and structure, capabilities, and additional elements as required by subparagraph (G) and the current elements in the Department’s existing program of record, a prioritization of those gaps and shortfalls, and an understanding of the relationships and tradeoffs between missions, risks, and resources.

(I) An assessment of the risks assumed by the strategy, including—

(i) how the Department defines, categorizes, and measures risk, including strategic and military risk; and
(ii) the plan for mitigating major identified risks, including the expected timelines for, and extent of, any such mitigation, and the rationale for where greater risk is accepted.

(J) Any other key assumptions and elements addressed in the review or that the Secretary considers necessary to include.

(5) CJCS review.—(A) Upon the completion of each Review under this subsection, the Chairman of the Joint Chiefs of Staff shall prepare and submit to the Secretary of Defense the Chairman’s assessment of risks under the defense strategy developed by the Review and a description of the capabilities needed to address such risks.

(B) The Chairman’s assessment shall be submitted to the Secretary in time for the inclusion of the assessment in the report on the Review required by paragraph (3). The Secretary shall include the Chairman’s assessment, together with the Secretary’s comments, in the report in its entirety.

(6) Form.—The report required under paragraph (3) shall be submitted in unclassified form, but may include a classified annex if the Secretary determines it is necessary to protect national security.

(b) National Defense Panel.—

(1) Establishment.—Not later than February 1 of a year following a year evenly divisible by four, there shall be established an independent panel to be known as the National Defense Panel (in this subsection referred to as the “Panel”). The Panel shall have the duties set forth in this subsection.

(2) Membership.—The Panel shall be composed of ten members from private civilian life who are recognized experts in matters relating to the national security of the United States. Eight of the members shall be appointed as follows:

(A) Two by the chairman of the Committee on Armed Services of the House of Representatives.

(B) Two by the chairman of the Committee on Armed Services of the Senate.

(C) Two by the ranking member of the Committee on Armed Services of the House of Representatives.

(D) Two by the ranking member of the Committee on Armed Services of the Senate.

(3) Co-chairs of the panel.—In addition to the members appointed under paragraph (2), the Secretary of Defense shall appoint two members from private civilian life to serve as co-chairs of the panel.

(4) Period of appointment; vacancies.—Members shall be appointed for the life of the Panel. Any vacancy in the Panel shall be filled in the same manner as the original appointment.

(5) Duties.—The Panel shall have the following duties with respect to a Defense Strategy Review conducted under subsection (a):

(A) Assessing the current and future security environment, including threats, trends, developments, opportunities, challenges, and risks, by using the most recent net assessment submitted by the Secretary of Defense under section
113 of this title, the risk assessment submitted by Chairman of the Joint Chiefs of Staffs under section
153 of this title, and, as determined necessary or useful by the Panel, any other Department of Defense, Government, or non-government strategic or intelligence estimate, assessment, study, review, or expert.

(B) Suggesting key issues that should be addressed in the Defense Strategy Review.

(C) Based upon the assessment under subparagraph (A), identifying and discussing the national security interests of the United States and the role of the armed forces and the Department of Defense related to the protection or promotion of those interests.

(D) Assessing the report on the Defense Strategy Review submitted by the Secretary of Defense under subsection (a)(3).

(E) Assessing the assumptions, strategy, findings, and risks of the report on the Defense Strategy Review submitted under subsection (a)(3).

(F) Considering alternative defense strategies.

(G) Assessing the force structure and capabilities, posture, infrastructure, readiness, organization, budget plans, and other elements of the defense program of the United States to execute the missions called for in the Defense Strategy Review and in the alternative strategies considered under subparagraph (F).

(H) Providing to Congress and the Secretary of Defense, in the report required by paragraph (7), any recommendations it considers appropriate for their consideration.

(6) First meeting.—If the Secretary of Defense has not made the Secretary’s appointments to the Panel under paragraph (3) by March 1 of a year in which the Panel is established, the Panel shall convene for its first meeting with the remaining members.

(7) Reports.—Not later than three months after the date on which the report on a Defense Strategy Review is submitted under paragraph (3) of subsection (a) to the committees of Congress referred to in such paragraph, the Panel shall submit to such committees a report on the Panel’s assessment of such Defense Strategy Review, as required by paragraph (5).

(8) Administrative provisions.—The following administrative provisions apply to a Panel established under paragraph (1):

(A) The Panel may request directly from the Department of Defense and any of its components such information as the Panel considers necessary to carry out its duties under this subsection. The head of the department or agency concerned shall cooperate with the Panel to ensure that information requested by the Panel under this paragraph is promptly provided to the maximum extent practical.

(B) Upon the request of the co-chairs, the Secretary of Defense shall make available to the Panel the services of any federally funded research and development center that is covered by a sponsoring agreement of the Department of Defense.

(C) The Panel shall have the authorities provided in section
3161 of title
5 and shall be subject to the conditions set forth in such section.

(D) Funds for activities of the Panel shall be provided from amounts available to the Department of Defense.

(9) Termination.—A Panel established under paragraph (1) shall terminate 45 days after the date on which the Panel submits its report on a Defense Strategy Review under paragraph (7).

2011—Subsec. (b)(4). Pub. L. 112–81, § 942, amended par. (4) generally. Prior to amendment, par. (4) read as follows: “to make recommendations that are not constrained to comply with the budget submitted to Congress by the President pursuant to section
1105 of title
31.”

“(1) Not later than six months before the date on which the report on a Quadrennial Defense Review is to be submitted under subsection (d), the Secretary of Defense shall establish a panel to conduct an assessment of the quadrennial defense review.

“(2) Not later than three months after the date on which the report on a quadrennial defense review is submitted under subsection (d) to the congressional committees named in that subsection, the panel appointed under paragraph (1) shall submit to those committees an assessment of the review, including the recommendations of the review, the stated and implied assumptions incorporated in the review, and the vulnerabilities of the strategy and force structure underlying the review. The assessment of the panel shall include analyses of the trends, asymmetries, and concepts of operations that characterize the military balance with potential adversaries, focusing on the strategic approaches of possible opposing forces.”

2008—Subsec. (e)(2), (3). Pub. L. 110–181, § 941(b), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “The Chairman shall include as part of that assessment the Chairman’s assessment of the assignment of functions (or roles and missions) to the armed forces, together with any recommendations for changes in assignment that the Chairman considers necessary to achieve maximum efficiency of the armed forces. In preparing the assessment under this paragraph, the Chairman shall consider (among other matters) the following:

“(A) Unnecessary duplication of effort among the armed forces.

“(B) Changes in technology that can be applied effectively to warfare.”

2002—Subsec. (d). Pub. L. 107–314, § 922, substituted “in the year following the year in which the review is conducted, but not later than the date on which the President submits the budget for the next fiscal year to Congress under section
1105(a) of title
31” for “not later than September 30 of the year in which the review is conducted” in second sentence of introductory provisions.

2001—Subsec. (e). Pub. L. 107–107designated the first sentence of existing provisions as par. (1), the second and third sentences of existing provisions as par. (3), and added par. (2).

Effective Date of 2014 Amendment

Pub. L. 113–291, div. A, title X, § 1072(c),Dec. 19, 2014, 128 Stat. 3517, provided that: “Section 118 of such title, as amended by subsection (a), and the amendments made by this section [amending this section and repealing section
118b of this title], shall take effect on October 1, 2015.”

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections
468(b),
551(d),
552(d), and
557 of Title
6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
542 of Title
6.

Additional Requirement for Next Defense Strategy Review

Pub. L. 113–291, div. A, title X, § 1072(d),Dec. 19, 2014, 128 Stat. 3517, provided that: “The first Defense Strategy Review required by subsection (a)(1) ofsection
118 of title 10, United States Code, as amended by subsection (a) of this section, shall include an analysis of enduring mission requirements for equipping, training, sustainment, and other operation and maintenance activities of the Department of Defense, including the Defense Agencies and military departments, that are financed by amounts authorized to be appropriated for overseas contingency operations.”

Implementation

Pub. L. 110–181, div. A, title IX, § 951(b),Jan. 28, 2008, 122 Stat. 291, provided that: “The Secretary of Defense shall ensure that [former] subsection (g) ofsection
118 of title 10, United States Code, as added by subsection (a), is implemented in a manner that does not have a negative impact on the national security of the United States.”

“(a) Findings.—Congress finds that the comprehensive examination of the defense program and policies of the United States that is undertaken by the Security [Secretary of] Defense every four years pursuant to section
118 of title
10, United States Code, known as the Quadrennial Defense Review, is—

“(1) vital in laying out the strategic military planning and threat objectives of the Department of Defense; and

“(2) critical to identifying the correct mix of military planning assumptions, defense capabilities, and strategic focuses for the Armed Forces.

“(b) Sense of Congress.—It is the sense of Congress that the Quadrennial Defense Review is intended to provide more than an overview of global threats and the general strategic orientation of the Department of Defense.”

Assessment With Respect to 2001 QDR

Pub. L. 107–107, div. A, title IX, § 921(c),Dec. 28, 2001, 115 Stat. 1198, directed the Chairman of the Joint Chiefs of Staff to submit to Congress, not later than one year after Dec. 28, 2001, an assessment of functions (or roles and missions) of the Armed Forces in accordance with par. (2) of subsec. (e) of this section based on the findings in the 2001 Quadrennial Defense Review issued by the Secretary of Defense on Sept. 30, 2001.

Revised Nuclear Posture Review

Pub. L. 106–398, § 1 [[div. A], title X, § 1041], Oct. 30, 2000, 114 Stat. 1654, 1654A–262, as amended by Pub. L. 107–107, div. A, title X, § 1033,Dec. 28, 2001, 115 Stat. 1216, directed the Secretary of Defense to conduct a comprehensive review of the nuclear posture of the United States for the next 5 to 10 years, and to submit to Congress a report on the results of such review concurrently with the Quadrennial Defense Review report due in Dec. 2001.

Specified Matter for First QDR

Pub. L. 106–65, div. A, title IX, § 901(c),Oct. 5, 1999, 113 Stat. 717, directed the Secretary of Defense to include, in the first quadrennial defense review conducted under this section, precision guided munitions, stealth, night vision, digitization, and communications within the technologies considered for the purposes of subsec. (d)(13) of this section.

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